LAL MOHAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard learned counsel appearing on behalf of the petitioner and learned A.C. to AAG-6 representing the State of Bihar.

(2.) The matter relates to grant of promotion to the petitioner to the rank of Assistant Engineer from Junior Engineer. It transpires that a Departmental Promotion Committee had considered the cases for promotion of Junior Engineers to the rank of Assistant Engineer under Rural Works Department, Government of Bihar, on 11.06.2018. The Proceedings of the said Departmental Promotion Committee, which has been brought on record by way of Annexure-1/P of the writ petition shows that the case of the petitioner was also considered inasmuch as his name figured at Sl. No. 84. Since a Departmental Proceeding was pending against the petitioner, sealed envelope procedure was adopted in his case.

(3.) A counter affidavit has been filed on behalf of the Respondent State of Bihar. It is undisputed that the petitioner has been exonerated of the charge in the Departmental Enquiry with the issuance of an Office Order dated 06.02.2018 by Rural Works Department, Government of Bihar, under the signature of the Chief Engineer, which is at Annexure-2 to the writ application. It is not disputed that on the basis of recommendations of the Departmental Promotion Committee, Junior Engineers have been allowed promotion to the rank of Assistant Engineer. It is, however, stand of the State of Bihar, in the counter affidavit, that there is a general stay operating in whole of the State of Bihar in the matter of promotion in the light of certain decisions of the Court on the point of providing reservation in the matters of promotion. An order dated 11.04.2019 issued by the General Administration Department, Government of Bihar, has been brought on record by way of Annexure-B to the counter affidavit.